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This Terms of Use (‘Agreement’) constitutes an agreement
between OnePipe, LLC., and the customer (‘Customer’, ‘you’ or ‘user’) for all of OnePipe’s services. This Agreement covers
and applies to all of OnePipe’s free and paid
service plans as well as Beta plans and features. If you do not or are not
willing to be bound in its entirety by these terms and conditions of
service, do not click ‘I Agree to the Terms of Use’ checkbox.
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The services offered by OnePipe, LLC. (‘OnePipe’, ‘we’
or ‘us’) include the OnePipe® websites at 1pipe.com domain as well as
any other related websites, widgets, or other distribution channels we may,
from time to time, operate (collectively, the ‘OnePipe website’) and any
other features, content, services or applications offered, from time to
time, by OnePipe (collectively, the ‘Service’, ‘Services’).
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OnePipe domains (e.g. my.1pipe.com,
sip.1pipe.us, direct 1pipe.com) (the OnePipe® website and other
related domains are collectively referred to herein as, the ‘Site’, ‘Sites’);
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Please be aware that, any of the following actions,
without limitation or qualification, constitutes your acceptance and
agreement to be bound by and to comply with all of
the terms and conditions of service of this Agreement: 1) clicking the box
‘I Agree to the Terms of Use.’ 2) Initialization of the Service by login to
your account, 3) registering for Service on 1pipe.com websites, 4) adding
funds to your account.
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This Agreement includes OnePipe’s policy for acceptable
use of the OnePipe® Services and any content posted on the OnePipe
Website as well as your rights, obligations and restrictions regarding your
use of the OnePipe Services and OnePipe Privacy Policy.
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This Agreement applies to all OnePipe® services,
software and widgets. OnePipe refers to OnePipe’s software installed on or
distributed to your computer or website that is used to access and use OnePipe
services.
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‘Channel’ – an IP transmission medium capable of
delivering a single phone call.
‘DID’ – Direct Inward Dialing number used by Customer to receive a Service.
‘Dedicated Channel’ – Channel which can handle calls for a given DID
‘NRC’ – The Non Recurring Charge is a one time fee
charged when an order is placed.
‘MRC’ – The Monthly Recurring Charge for a Service which is due monthly.
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Upon signing up for the Service, you agree to provide
true, accurate, current and complete contact information, Registered
Location, and other data to OnePipe and at subsequent times as
requested by OnePipe. If you provide information that is, or that OnePipe suspects
to be, false, inaccurate, not current or incomplete, OnePipe has the right
to suspend or terminate the Services and refuse any and
all current or future use of all Services, or any portion thereof.
At all times, you shall maintain and promptly update registration data as
applicable. Use of multiple accounts per company/household/user/individual
is prohibited.
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When you sign for the service, you will also be asked to
choose a password. You are solely responsible for maintaining the
confidentiality of your Password, API access security configuration. In
addition, you shall at all times be solely
responsible for all transactions and activities that occur as a result of
your disclosure of such password even if such transactions and/or
activities were not authorized by you. You and, if applicable, your
company, shall at all times be solely responsible
and liable for any transactions or activities that originate from your
account. You agree to immediately change your password and notify OnePipe
in writing if you have reasons to believe that your account has been
compromised or that at any time that your Service is being stolen,
fraudulently used or otherwise being used in an unauthorized manner. In no
event shall OnePipe be liable for any unauthorized activities with your
Account.
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OnePipe provides wholesale inbound and outbound services
as separate products and it does NOT offer
emergency calls.
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You represent and warrant that you are at least 18 years
old or, as applicable, the age of majority in the country, state or
province in which you reside, and are legally entitled to and have all
necessary power and authority to enter into this agreement. You represent
and warrant that your name, user name, contact
information and location are true and accurate. You agree to be financially
responsible for your use of the Services (as well as for use of your
account by others, including minors living with you). In order to use the
Service, you agree, at your sole expense: to 1) provide and be responsible
for payment for all equipment and service fees necessary to establish a
connection to the Internet and/or to the Publicly Switched Telephone
Network (‘PSTN’), as may be required to use the Service; 2) supply and pay
for all phone service features required for your use of the Service; and 3)
pay us for the Service. OnePipe can terminate the Services and refuse any and all current or future use of all Services, or
any portion thereof if we suspect that some information that you provided
is inaccurate or incomplete or you are under 18 years old.
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You agree to be solely responsible for the contents of
your transmissions through the Services. You agree not to use the Services
for illegal purposes or for the transmission of material that is unlawful,
harassing, libelous, invasive of another’s privacy, abusive, threatening,
harmful, vulgar, obscene, or otherwise objectionable, contains viruses, or
that infringes or may infringe the intellectual property or other rights of
another. OnePipe acts as a passive conduit for you to send and receive
communications and information of your choice and OnePipe has no control
over the content of any transmission nor will it
be liable for such content. You agree that you shall not, at any time, use
the Service for any abusive purpose or in any way which interferes with our
ability to provide Service to other customers or restricts other customers
from using the Service, or damages any OnePipe or other customer’s
property. You acknowledge and agree that, by using the Service, you may be
exposed to content others send you that is objectionable, offensive, or
indecent. You understand and agree that OnePipe has no control over the
content of any audio, video or text transmissions relayed to you through
the Service and you agree to hold OnePipe harmless for any harm suffered
due to the content relayed to you through this Service.
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OnePipe reserves the right to restrict incoming calls to
any telephone number in its sole discretion.
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You will abide by all applicable local, state, national
and international laws and regulations of countries of all phone call
participants connected using the Service.
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You shall not violate any U.S. or foreign export control
laws.
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You shall not attempt to hack or otherwise disrupt the
Service or make any use of the Service that is inconsistent with its
intended purpose.
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You shall not attempt to gain unauthorized access to the
Service, other accounts, computer systems or networks connected to the
Service by any means.
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Collect information about other people without their
consent.
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Create a false identity or to otherwise attempt to
mislead any person as to the identity or origin of any communication.
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Misrepresent or otherwise attempt to mislead any person
as to your information or otherwise engage in fraudulent or deceptive conduct
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Transmit any material that may infringe the intellectual
property rights or other rights of third parties, including without
limitation, trademarks, trade secrets or copyrights;
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NO DIALER TRAFFIC and use of Predictive Dialers, Auto
Dialers, Telemarketing Devices, Lead Generators and other similar programs
is prohibited. All calls made using such programs will be charged $1 per
minute rate (60/60 billing interval) and $0.1 per dial attempt.
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In accordance with the Digital Millennium Copyright Act
in appropriate situations OnePipe will terminate your Service if you
violate the copyrights of third-parties. OnePipe
may or may not attempt to contact you, in its sole discretion, prior to
such service suspension or termination.
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SPAMMING AND ILLEGAL ACTIVITIES
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You agree to be solely responsible for the contents of
your transmissions through the Services. You agree not to use the Services
for illegal purposes or in association with the transmission of material
that is unlawful, harassing, libelous, invasive of another’s privacy,
abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable,
contains viruses, or that infringes or may infringe the intellectual
property or other rights of another. You agree not to use the Services for
the transmission of ‘junk mail’, ‘spam’, ‘chain letters’, or unsolicited
calls. OnePipe reserves the right to terminate your access to the Services
if OnePipe believes in its sole discretion, that you have used the Services
for any illegal or unauthorized activity.
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Customers can port out/transfer telephone numbers from
their account to a new provider of their choosing. OnePipe will not refuse
such port out requests provided that Customer will
have settled all outstanding invoices and port out related fees. If during
any 30 days period Customer ports out more than 20 telephone numbers then customer will be charged $10 administrative
fee per phone number ported out. You acknowledge and agree that under
special circumstances (for example area code split and overlays) OnePipe
may cancel, substitute or change telephone numbers allocated to you in its
sole discretion. You acknowledge that OnePipe shall not be liable for any
damages (including consequential or special damages) arising out of
telephone number allocations. Telephone numbers allocated by OnePipe do not
support reverse directory lookup of your address. Upon termination of your OnePipe
account for any reason, or termination of telephone number subscription,
you will no longer have access to telephone numbers allocated to you; consequently these telephone numbers will be reassigned
to other customers and once reassigned OnePipe will not be able to assign
the same telephone number to you in the future. Telephone numbers are
offered on a pre paid basis and when a customer
fails to pay for the next billing interval the telephone number will be
canceled. When the telephone number was prepaid for a certain period and
then was canceled or ported out by a customer before the end of the
pre-paid period there will be no refund for the time a telephone number is no
longer available from OnePipe. OnePipe tries its best to ensure
interoperability of OnePipe telephone numbers in order to make the
telephone numbers reachable from as many mobile and fixed networks as
possible. However, as OnePipe relies on the interoperability of services
from its local partner(s) in each country for end-to-end connectivity, OnePipe
does not warrant and represent that the telephone numbers will be reachable
from all mobile and fixed networks. OnePipe service and OnePipe phone
numbers must not be used to trigger callback service and collect calls. The
customer agrees to maintain ASR (Answer/seizure ratio) for OnePipe phone
numbers to be not less than 75%. The minimum service term for a phone
number and/or channels ordered is 3 months as from the order date or any
extension thereof. The minimum cancellation period is 3 months from the
notice of cancellation from Customer. Customer shall manage the capacity
supporting the Service according to its specific needs and will order the
required amount of Channels through OnePipe. A
Channel may be shared between all Customer Phone Numbers within the same
Service and the same zone. Channels will not be dedicated to a specific
Number or country unless it is specifically noted. OnePipe shall endeavor
to implement the Channels submitted through firm order by Customer within
approximately 1 months from the ordering date. DID prices shown on the Website are for new orders only. Incoming
calls on OnePipe are rounded up to the whole minute.
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Incoming channels are used to received incoming calls on
OnePipe DIDs. Incoming channel is designed to carry a certain number of
incoming calls and/or incoming minutes per billing cycle. If during any
applicable monthly billing cycle the average number of incoming minutes per
incoming channel exceeds 30,000 or the average number of calls received per
incoming channel exceeds 8,000, then additional Worldwide zone channels
will be deemed to have been purchased by Customer at then current rates and
Customer will be billed such that the average number of minutes and
incoming calls will be equal not more than 30,000 minutes or 8,000 calls
per Channel for the billing cycle and the number of additional channels
billed will be rounded up to the nearest multiple of 5.
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ONEPIPE’S PROPRIETARY RIGHTS
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You acknowledge and agree that the Service and any
necessary software used in connection with the Service (‘Software’) contain
proprietary and confidential information that is protected by copyrights,
trademarks, trade secrets, or other proprietary rights, and that these
rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed.
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OnePipe owns exclusive right to the Service, including
all intellectual property rights thereto. All rights not expressly granted
under this Agreement are retained by OnePipe. Any new functionality or
feature provided by OnePipe that expand or enhance the Service shall also
be subject to this Agreement.
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You agree not to, and shall not allow any third party
to, reproduce, modify, hack, publish, transmit, distribute, publicly
perform or display, sell, rent, lease, loan, create derivative works based
on the Services, disclose, transfer, convey, decompile, reverse engineer,
reverse assemble or otherwise attempt to discover any source code of the
Services and/or any of OnePipe technology or software or protocols for any
purpose whatsoever.
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You agree not to allow any third party to access the
Services for any purpose whatsoever.
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You acknowledge and agree that OnePipe, in its sole
discretion, may add additional features or functions, or to provide
software updates, fixes, and upgrades to the Service. You acknowledge and
agree that OnePipe shall not be liable for any damages in relation to the
direct or indirect damages caused by (1) the release and/or the absence of
release of updates of the Service, and (2) by the suspension or termination
of this Agreement or the Service by OnePipe and/or by you.
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You acknowledge and agree that you are responsible for
paying all charges and fees to your Account for Services, including but not
limited to, regulatory and government fees, long distance and for all taxes
and surcharges imposed on you or us as a result of your use of the
Services.
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All charges and fees are deducted from your pre-paid
account balance. Your account balance may become negative in when your
account balance is lower than transaction amount.
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Some services have NRC, a one-time, non-refundable setup
or activation charge.
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Upon termination of your Account for any reason, all
pre-paid services shall expire in their entirety and NO refund or
pro-ration shall be made for any unused services, credits or minutes
including but not limiting to Phone Numbers.
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Applicable calls are billed and charged at 1 minute
increment unless noted on the website otherwise.
POST PAYMENT CUSTOMERS
Customer will be invoiced monthly. Customer’s first
invoice will include all Non-Recurring Charges, Monthly Recurring Charges
for the first full month, any additional Charges incurred as a result of
Customer’s special requests (such as expedite charges) and the
pro-rated amount for Services provided during installation. Customer agrees
to pay all charges within seven days of the date of OnePipe invoice to
Customer (‘Due Date”).Customer shall pay OnePipe
interest on unpaid amounts if payment is made after the Due Date. The
interest rate will be one and a half percent (1 1/2%) per
month or the maximum rate allowed allowable by law. All payments from
Customer will be processed via ACH, Wire or Credit Card upon approval from
OnePipe. OnePipe reserves the right to bill Customer retroactively for
any Services Customer received which OnePipe previously had not
billed. Subject to any applicable state or federal regulations, OnePipe may
not be obligated to transfer transportable, toll- free, local or other
numbers to another carrier if Customer has an outstanding balance. All
Charges will begin to accrue at the time such Services have been installed
and made available to Customer. Initial Term for Post-Payment Customers has
a default period of (90) days and automatically renews for minimum (90) day
terms.
SPECIAL PRICING
OnePipe may at its sole discretion make special pricing
available to Customer. Customer may be eligible for special pricing while
maintaining a Monthly Recurring Charge (MRC) above $2500 USD. Customer will
maintain their MRC above $2500 USD for a 12 month
term to qualify, starting the first month the discount is applied. Term
will automatically renew for additional 12 month periods
unless (90) days notice prior to renewal is provided by Customer to OnePipe.
If Customer MRC goes below $2500 USD all special pricing will be removed and all Customer services will be charged at the
then current non-discounted pricing for all services or a minimum of $2500
USD. Payment of invoice with special pricing constitutes acceptance of Special
Pricing terms and invoiced rates.
EARLY TERMINATION CHARGES
If a Service or this Agreement is terminated prior to
the end of the Initial Term, then, commencing on the effective date of such
termination, Customer will be subject to early termination charges equal
to one hundred percent (100%) of the monthly recurring charges
times the number of months remaining in the Term Commitment, plus any
waived installation charges and discounts from OnePipe’s standard
rates times the number of months of discount applies (‘Early Termination
Charges”). Customer agrees to pay all such Early Termination Charges within
30 days of Customer’s notice of termination or immediately upon
written receipt of OnePipe’s last invoice to Customer (‘Final
Invoice”.) All requests to terminate Services must be received,
in writing or confirmed email to OnePipe thirty (30) days prior to the
termination effective date. A minimum of thirty (30) days for US services,
(45) days for Canada services, and (90) for all International
services (defined as non US or Canada services) will always be billed from
the date that termination notice is submitted.
UPGRADES AND DOWNGRADES.
An Upgrade is defined as a change to Customer’s existing
Services that may result in an increase in Customer’s monthly Recurring
Charges and /or Non- Recurring Charges. If Customer upgrades Services,
Early Termination Charges will not be assessed. However, Customer will
be required to purchase the upgrade for a term commitment that extends at
least to the end of Customer’s existing term. A Downgrade is defined as a
change to Customer’s existing Services or partial disconnect that results in a decrease in Customer’s Monthly
Recurring Charges. If Customer downgrades Services before the end of Term
Commitment, and the Downgrade results in more than a fifteen percent (15%)
decrease in the monthly recurring charges on the cancelled Services,
Early Termination Charges may apply. Thirty (30) days written prior notice
is required for all downgrades. Any downgrade of a Service must have a Term
Commitment that extends at least to the end of Customer’s existing
Term Commitment.
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ACCOUNT BALANCE AND EFFECTIVE ACCOUNT BALANCE
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Service is offered on pre-paid bases unless otherwise
agreed. You agree to maintain positive account balance all the time in
order to receive the Service(s). Accounts with negative balances may be
suspended, terminated or be limited in service; specifically
phone numbers assigned by OnePipe will not accept incoming calls. You
hereby release and agree to hold harmless OnePipe from and against any
damages or liabilities of any kind related to such limitation of service
when Account Balance is negative.
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OnePipe reserves the right to accept only certain
Payment Methods. OnePipe reserves the right to reject any payment. Any
applicable setup, activation, initiation charges, usage and other recurring
charges and fees are billed and charged in full in advance. Termination and
transfer charges are billed and charged as incurred. For accounting and
other purposes payments made after 4:00PM EST shall be considered as made
and credited next day following the payment. Services not canceled by
10:00PM UTC shall be considered active the following day. Any interest
earned by OnePipe on credit balances in Customers
account will accrue to OnePipe.
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You acknowledge and agree that payments/deposits are
final once completed. We strongly discourage the use of charge backs or
payment reversal. If you believe that your account was charged fraudulently
or erroneously you must follow our dispute procedure 1) contact our billing
department via confirmed email reply. You must provide the following
information a) your name b) your contact information c) last four digits of
the credit card number in question d) name on the credit card and the date
when the credit card transaction occurred and the
total amount charged to the credit card. You will be contacted by OnePipe
customer support representatives to try to resolve the matter. If you take
actions to reverse your Account charges with your credit card company or
payment processor for any reason without first following the dispute
procedure set forth herein, we reserve the right to terminate your account
and pursue you legally through an attorney and or/collection agency and any
other means for damages, including, among other things, fraud.
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Auto-renewal and Auto Downgrade
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All Services will be automatically renewed/extended for
successive renewal periods of the duration as you selected but not less
than 3 months (90 days), at the then-current subscription rates, charges
and fees.
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STORAGE OF CALL DETAIL RECORDS
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OnePipe is not obligated to store and provide online
access to incoming/outgoing call detail records and does so only as a
convenience to you. You acknowledge and agree that OnePipe has no
responsibility or liability whatsoever for the deletion, lose or failure to
store or retrieve any call detail record or any other information
transmitted by the Services or stored on OnePipe servers.
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OnePipe makes no representation that content on OnePipe
web site(s) is appropriate or available for use in locations outside the
United States of America. Those who choose to access this site from
locations outside the United States of America do so on their own
initiative and are responsible for compliance with foreign, domestic and
local laws, if and to the extent local laws are applicable.
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OnePipe reserves the right to suspend or discontinue the
Service generally, or to terminate your Service, at any time in our sole
and absolute discretion.
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If we discontinue the Service generally you will only be
responsible for charges accrued through the date of termination, including
a pro-rated portion of the final month’s charges and the balance of
pre-paid amounts.
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If your Service is terminated due to your breach of any
provision of this Agreement, you will be responsible for the full month’s
charges to the end of the current term, including, without limitation,
unbilled charges, plus the termination fee, if applicable, all of which
will immediately become due and payable.
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If OnePipe or you terminate your right to use the
Service, you shall not be entitled to any refund or pro ration of any
pre-paid amounts.
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Upon any termination in accordance with the foregoing, OnePipe
will delete related information and files in your Account, reassign any
telephone numbers associated with the account, and/or prevent any further
access to such files, information, or the Services.
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THE MATERIALS, CONTENT, SERVICES AND ACCOUNTS ARE
PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’. ONEPIPE MAKES NO WARRANTIES, EXPRESS
OR IMPLIED, REGARDING THE MATERIALS, CONTENT, SERVICES AND ACCOUNTS
WHATSOEVER AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY
KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES
ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE OR COURSE OF PERFORMANCE OR
ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. WITHOUT LIMITING
THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE,
DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY, OR LOSS OF
CONTENT, DATA, OR INFORMATION. NEITHER ONEPIPE NOR ITS OFFICERS, DIRECTORS,
EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR
WHO FURNISHES SERVICES, SOFTWARE, OR PRODUCTS TO CUSTOMER IN CONNECTION
WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR
TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS
TO, OR ALTERATION, THEFT, OR DESTRUCTION OF, YOUR DATA FILES, PROGRAMS,
PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS, OR DEVICES
OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT
OF ONEPIPE’S; OR ITS SERVICE PROVIDER’S OR VENDOR’S NEGLIGENCE. STATEMENTS
AND DESCRIPTIONS CONCERNING THE SERVICE, IF ANY, BY ONEPIPE OR ONEPIPES’
AGENTS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.THE
ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE SOLELY
BY YOU.ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS
OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. ALTHOUGH ONEPIPE
MAKES EVERY EFFORT TO ENSURE THAT VOICE, VOICEMAILS AND DATA TRANSMISSIONS
ARE SECURE, ONEPIPE MAKES NO GUARANTEES OF SECURITY. ONEPIPE DOES NOT
WARRANT THE RELIABILITY OR ACCURACY OF THE RESULTS OBTAINED BY USING THE
SERVICES OR ANY DATA DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED BY USING
THE SERVICES.ONEPIPE DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY
KIND ON OUR BEHALF INCLUDING WITHOUT LIMITATION ONEPIPE’S EMPLOYEES AND YOU
SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE
TERMINATION OF THIS AGREEMENT. As certain jurisdictions do not allow some
of the exclusions, disclaimers, or limitations as set forth above in this
Section, some of these exclusions, disclaimers, or limitations may not
apply to you.
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You will be liable for any and all
damages and claims that may arise out of the content transmitted by you or
by any person, whether authorized or unauthorized, using the Services on
your account. You will assure that your and such other persons’ use of the
Service and content comply at all times with all
applicable laws, regulations, and written and electronic instructions for
use. ONEPIPE reserves the right to terminate or suspend your Services and
remove your or such other persons’ content from the Service, if we
determine, in our sole and absolute discretion, that such use or content
does not conform with the requirements set forth in this Agreement or
interferes with our ability to provide Services to you or others. Our
action or inaction under this Section will not constitute any review or
approval of your or any other persons’ use or content.
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IN NO EVENT SHALL ONEPIPE, ITS PARENTS, SUBSIDIARIES,
AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS,
EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER BE LIABLE TO YOU
OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING
NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. IN NO
EVENT SHALL ONEPIPE, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR
RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS,
AGENTS AND ANY UNDERLYING CARRIER BE LIABLE FOR INJURIES TO PERSONS OR
PROPERTY ARISING FROM USE OF THE SERVICES, OR ANY EQUIPMENT USED IN
CONNECTION WITH THE SERVICES. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT,
ONEPIPE SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS,
HARM OR DAMAGE, YOU AND ONEPIPE AGREE THAT ONEPIPE’S TOTAL LIABILITY TO YOU
FOR ANY REASON SHALL BE LIMITED AND CAPPED IN THEIR ENTIRETY TO THE MONTHLY
FEES ONEPIPE CHARGED YOU DURING THE ONE (1) MONTH IMMMEDIATELY PRIOR TO THE
DATE THAT THE EVENTS GIVING RISE TO THE ACTION OR CLAIM FIRST OCCURRED. ONEPIPE,
ITS OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, AFFILIATES, STOCKHOLDERS,
AGENTS, OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU OR US
IN CONNECTION WITH THE SERVICE, SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES
FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES ARISING FROM OR IN CONNECTION
WITH PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS
OF REVENUE OR PROFITS, UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR
DESTRUCTION OF, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, OR THE USE
OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY
SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE, OR TO OBTAIN EMERGENCY
HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF
CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND ANY AND ALL
OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF
THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. YOU AND ONEPIPE AGREE
THAT THE LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN
THE PARTIES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT. SOME
JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF
THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
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YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ONEPIPE,
ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE MEMBERS, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, STOCKHOLDERS, AND AGENTS AND
ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH
THE SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, EXPENSES, FINES,
PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS
FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICE,
RELATING TO THE SERVICES. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT
THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING,
YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE
INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF ONEPIPE OR ITS EMPLOYEES, AGENTS,
CONTRACTORS OR REPRESENTATIVES. THIS INDEMNIFICATION SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OR EXPIRATION
OF THIS AGREEMENT.
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ONEPIPE shall be excused from any delay or failure in
performance hereunder, other than the payment of monies, caused by reason
of occurrence or contingency beyond its reasonable control, including
without limitation, acts of God, earthquake, fire, flooding, riots, war,
terrorism or government requirements.
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Our comprehensive Privacy Policy is available upon
request.
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COOPERATION WITH GOVERNMENT AUTHORITIES
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In accordance with applicable law, OnePipe will
cooperate with local, state, federal, international and/or worldwide
government authorities to protect this Site, Content, Services, Materials,
Accounts, visitors, customers, OnePipe LLC., its parents, subsidiaries,
affiliates and their respective members, employees, directors, officers,
stockholders and agents and operational providers, from the unauthorized
use of this Site, Materials, Content, Services and Accounts. OnePipe mean
to be in full compliance with Communications Assistance for Law Enforcement
Act (‘CALEA’). By using the Services, you hereby agree and consent to OnePipe’s
right to monitor, tap, trace and otherwise disclose the nature, content and
history of your communications if and as required by CALEA without any
notice to you.
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This Agreement and the relationship between you and us
are governed by the laws of the State of Wyoming without regard to its
conflict of law principles.
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MANDATORY ARBITRATION AND NO JURY TRIAL
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You acknowledge and agree that any dispute or claim
relating to the interpretation or performance of this ‘Terms of Use’ shall
be resolved at the request of either party through binding arbitration
conducted in accordance with the then-existing Commercial Arbitration Rules
of the American Arbitration Association. The arbitration shall be conducted
in Buffalo, Wyoming before a single mutually acceptable arbitrator. If the
parties unable to mutually select an arbitrator after 30 days, American
Arbitration Association shall appoint one arbitrator.
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The arbitrator’s decision will be final
and binding and judgment thereon may be entered by the state or federal
court having jurisdiction.
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The parties intend that this ARBITRATION PROVISION be
irrevocable.
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THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY
RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN,
AND CONDUCT ARBITRATION PROCEEDINGS IN, WYOMING
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OnePipe notices to you shall be considered valid and
effective when sent by email to the email address on your account. Written
notice to us shall be effective when emailed to our Customer Support
department. Oral notices shall be considered as not valid for any purposes
whatsoever.
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There is no refund for any prepaid services. However,
when you close your account then unused funds on your account will be
refunded. $5 refund processing fee will be withheld from the amount
refunded.
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Only accounts in a good standing can be closed. Accounts
with negative balances must pay off the balance prior to closing the
account. To close an account a customer has to contact OnePipe Customer
Support ( support@1pipe.com ) by sending an email
from the email address used to open the account with ‘CLOSE ACCOUNT
REQUEST’ in the subject line and the email message should include the
account number. When a customer requests his/her account to be closed all
customer’s subscriptions to OnePipe services (including OnePipe phone
numbers) will be canceled and a refund will be issued for any balance
remaining in the account. Refund processing fee in the amount of $5 will be
withheld for all refunds.
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Privacy, Email notifications and Opt-Outs
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New Customers are automatically registered for access at
https://my.1pipe.com. The Customer portal allows Customers the ability to
manage OnePipe features, phone number, add or delete sub accounts. If an individuals
personal information is to be (a) disclosed to a third party who is not an
Agent; or (b) used for a purpose that is incompatible with the purpose(s)
for which it was originally collected or subsequently authorized by the
individual, then the individual will be notified prior to such disclosure
and may opt out of having the information disclosed by responding to the
email and/or author of the notification, where such information shall be
clearly set forth.
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OnePipe does not offer technical assistance for
configuring third party devices including PBX Servers/Switches, IP Phones
and ATA Adapters, SIP Apps and softphones. It is the end users
responsibility to properly configure their devices for use with OnePipe services.
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Customer shall be responsible for all local loop
charges.
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CONFORMING OUTBOUND CALLS AND SURCHARGE
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OnePipe Outbound Call Termination is a wholesale service
for routing conversational voice calling pattern only. OnePipe may restrict
customer’s ability to make outgoing calls and/or may impose additional
charges for routing calls with non-conversation voice callings.
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Under special circumstances OnePipe may require a
security deposit before or during your use the service. The amount of
security deposit will be based on the security/risk assessments of your
past and/or future use of the service.
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OnePipe may change this Agreement from time to time.
Such changes will become binding on you on the date they are posted to OnePipe
website and no further notice by us is required upon your continued use of
the Service. The Agreement as and when posted supersedes all previously
agreed to electronic and written terms of service. It is important that you
review this agreement regularly. Prices are in USD and are subject to
change without notice. Unused monthly usage will not roll over.
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Last Updated: February 3rd, 2019. Copyright OnePipe Inc.
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